Law of Wills, 2016A

found the following list in his Bible: “Nikki, you deserve to have my red Mustang convertible, my
Apple shares, $50,000 and my condo in New York.” Will the information contained in the Bible be
incorporated into Simon’s will?
13.3 Integration
The average will consists of more than one page. A prudent attorney usually has the client
place his or her initials on all the pages of the will. In the alternative, the attorney may clip or staple
the pages of the will together. One or both of these actions ensures that the probate court knows
the complete contents of the testator’s will. Nonetheless, in some cases, courts have to rely on the
doctrine of integration to carry out the testator’s intent. Under the doctrine of integration, in order
for a paper to be considered as part of the will (1) it must be present at the time of execution and (2)
it must be intended to be a part of the will.
In re Morrison’s Estate, 220 P.2d 413 (Cal. Ct. App. 1950)
MUSSELL, Justice.
Appellants Ruth Rogers, Marjorie W. Phipps, Gladys Morrison, Lloyd Hanck and Mrs. J.
Breckenridge are legatees and devisees named in a codicil to the will of Wilton M. Morrison and
appeal from the order of the trial court denying its admission to probate.
From the settled statement, in lieu of a reporter’s transcript and clerk’s transcript, it appears that
Wilton M. Morrison died in the city of San Diego on April 10, 1949. The Security Trust and Savings
Bank of that city duly filed a petition for probate of will and codicil and deposited with the county
clerk a formal typewritten and witnessed will bearing date December 6, 1948; also three documents
in the handwriting of the decedent. The petition of the bank asked that the formal will be admitted
to probate and that an adjudication be made by the court whether the three documents in the
handwriting of the decedent constituted a valid holographic codicil to the last will and testament of
the decedent. The trial court, after hearing, admitted the formal will to probate and found and
decreed that the said three documents did not constitute a valid holographic codicil to the last will
and testament of the decedent and said writings were denied admission to probate. The sole
question presented is whether the three documents constitute a valid codicil to the formal will of
decedent.
It further appears from the settled statement that the decedent, for several months prior to his death
on April 10, 1949, was suffering from cancer. On April 9, 1949, he was aware of his condition and in
the afternoon of that day requested his friend and companion, Lloyd Hanck, to communicate with
his lawyer, who had prepared the will of December 6, 1948. The attorney could not be reached.
Between 2:00 and 3:00 o’clock in the afternoon of April 9th decedent had friends visit him at his
apartment, listened to a broadcast of a baseball game and discussed the game with his friend, Lloyd
Hanck. At about 3:00 o’clock Mr. Morrison complained, stating that he was not feeling well, and in
the evening of that day, in the presence of his wife, Hazel Morrison, and Lloyd Hanck, decedent
requested his wife to get him a pencil and a pad of paper. She handed these to him and he started
writing on the top sheet, using a cushion in his lap for support. He requested Lloyd Hanck to move
his seat as he wanted him to act as a witness. Decedent completed the writing in the course of
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